These Terms and Conditions ("Terms") govern your access to and use of the website fernexo.com (the "Site"), operated by Fernexo Marketing ("Fernexo," "Company," "we," "us," or "our"), and any engagement with our services, including submission of a Free Audit request or project inquiry. By accessing the Site, submitting a form, or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree, please do not use the Site or our Services.
1. Definitions
"Company" means Fernexo Marketing, Dubai, United Arab Emirates. "Client" / "Customer" / "you" means any person, business, or organisation using the Site or engaging Fernexo's Services. "Services" means the digital marketing, social media management, performance marketing, video production, web design and development, and CRM/lead automation services offered by Fernexo. "Service Agreement" means any separate proposal, quotation, statement of work, or signed contract between Fernexo and the Client that sets out the specific scope, deliverables, timeline, and fees for an engagement. "Deliverables" means the websites, campaigns, creative assets, videos, reports, or other work products produced by Fernexo for the Client. "Content" means all text, graphics, logos, images, video, and code appearing on the Site.
2. Scope of These Terms
These Terms apply to your general use of the Site. They do not replace the specific terms of any signed Service Agreement, proposal, or contract between Fernexo and a Client. Where there is a conflict between these Terms and a signed Service Agreement, the Service Agreement will prevail for that engagement. Submitting a Free Audit request, contact form, or WhatsApp inquiry does not, by itself, create a Service Agreement or any obligation for Fernexo to provide Services, it is treated as an inquiry only, subject to a formal proposal and agreement.
3. Use of the Site
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. You must not: Attempt to gain unauthorised access to the Site, our servers, or any systems connected to the Site Use the Site to transmit any harmful code, malware, or unsolicited advertising Scrape, copy, or reproduce Site Content for commercial purposes without written permission Impersonate any person or misrepresent your affiliation with any person or entity when submitting a form We reserve the right to restrict or terminate your access to the Site at our discretion, without notice, if we believe these Terms have been violated.
4. Intellectual Property
All Content on the Site; including text, graphics, logos, case studies, client logos (used with permission), images, and code is the property of Fernexo Marketing or its licensors and is protected by UAE and international intellectual property laws. You may not reproduce, distribute, modify, publicly display, or create derivative works from any Content without our prior written permission, except for personal, non-commercial viewing of the Site. Client logos, brand names, and case study details featured on the Site are used with the relevant client's permission and remain the property of their respective owners.
5. Services and Deliverables
The specific scope, deliverables, pricing, and timeline for any engagement will be set out in a separate Service Agreement or proposal signed or accepted by both parties. Clients are responsible for providing accurate information, timely feedback, necessary access credentials (e.g., hosting, domain, ad accounts), and content approvals as required for us to deliver Services. Delays caused by late or missing client input may affect project timelines and are not the responsibility of Fernexo. Proofs, drafts, or campaign previews will be submitted for Client approval where applicable. Fernexo is not liable for errors that the Client had the opportunity to review and did not flag before final approval. Unless otherwise agreed in writing, Fernexo may reference completed projects (including anonymised or named results, with permission) in our portfolio, case studies, and marketing materials.
6. Payment Terms
Fees, payment schedules, and invoicing terms are set out in each Client's Service Agreement. Unless otherwise agreed: Invoices are due within the timeframe specified in the Service Agreement. Late payments may result in suspension of Services until outstanding amounts are settled. Any third-party costs (e.g., ad spend, licensing fees, hosting) are separate from Fernexo's service fees unless explicitly stated otherwise.
7. Confidentiality
Both parties agree to keep confidential any proprietary information, business strategies, campaign data, or sensitive information disclosed during the course of an engagement, and not to disclose it to third parties without consent, except as required by law. This obligation survives the termination of any Service Agreement.
8. Third-Party Links and Platforms
The Site may contain links to third-party websites, social media platforms (Facebook, Instagram, LinkedIn, TikTok), and messaging services (WhatsApp). Fernexo does not control and is not responsible for the content, policies, or practices of these third-party platforms.
9. No Guarantee of Results
While Fernexo works to deliver measurable results (leads, bookings, conversions, ROI) through data-led strategy, digital marketing outcomes depend on multiple factors outside our control (market conditions, platform algorithm changes, competitor activity, budget levels). We do not guarantee specific results, rankings, revenue, or return on investment unless explicitly stated in a signed Service Agreement.
10. Limitation of Liability
To the fullest extent permitted under UAE law, Fernexo shall not be liable for any indirect, incidental, special, or consequential damages, or loss of profits, revenue, data, or business opportunities, arising from your use of the Site or our Services. Our total liability for any claim relating to a specific engagement shall not exceed the fees paid by the Client for that engagement in the three (3) months preceding the claim. Nothing in these Terms limits liability that cannot be excluded under applicable UAE law.
11. Termination
Either party may terminate a Service Agreement in accordance with its specific termination clause. Fernexo reserves the right to suspend or terminate access to the Site at any time, without notice, for violation of these Terms or for security, legal, or operational reasons. Upon termination of a Service Agreement, access to any Fernexo-managed platforms, tools, or credentials will be handled as set out in the applicable Service Agreement.
12. Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), shall be governed by and construed in accordance with the laws of the United Arab Emirates. Before initiating formal legal proceedings, the disputing party shall issue written notice to the other party clearly describing the nature of the dispute, and both parties shall attempt in good faith to resolve the matter within fourteen (14) calendar days. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.
13. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our services, business practices, or legal requirements. Updates will be posted on this page with a revised "Last updated" date. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
14. Contact Us
If you have questions about these Terms, please contact us: Fernexo Marketing Dubai, United Arab Emirates Email: marketing@fernexo.com Phone: +971 55 113 4671
